Swingle Venue
Terms of Service

1.1These Venue Terms of Service ("Terms") govern your access to and use of the Swingle platform ("Swingle", "we", "our" or "us").

1.2By creating a Swingle account or using our services, you ("Venue", "you" or "your") agree to be bound by these Terms.

1.3If you do not agree with these Terms, you must not use the Swingle platform.

2.1Swingle is a software platform that enables venues and event organisers to:

• Sell digital event tickets;
• Sell digital memberships;
• Manage customer information;
• Send email communications to their customers; and
• Manage entry to events.

2.2Swingle is a technology provider only.

2.3Swingle is not an event organiser, promoter, venue operator or entertainment provider.

3.1You are solely responsible for:

• Your venue and its operation;
• Your events;
• Your staff;
• Compliance with all applicable laws and regulations;
• The accuracy of information published through Swingle;
• The products and services you sell;
• The conduct of your employees, contractors and representatives.

3.2Swingle accepts no responsibility for the operation of your venue or the events you organise.

4.1Swingle may only be used for lawful purposes.

4.2You agree that you will not use Swingle to:

• engage in unlawful activity;
• facilitate criminal activity;
• mislead customers;
• sell fraudulent or unauthorised tickets;
• distribute unlawful content;
• infringe intellectual property rights;
• send unsolicited communications in breach of applicable law; or
• use the platform in any manner that could damage Swingle or its reputation.

5.1Swingle provides software that enables venues to sell digital memberships, tickets and communicate with customers.

5.2Swingle provides venues with the facility to sell tickets to allow individuals to meet potential mates, make friends, and engage in social activities that promote interaction and conversation.

5.3Swingle does not organise events, provide entertainment, employ performers or participate in the operation of venues.

5.4Swingle does not solicit, facilitate, encourage, promote or condone prostitution, sexual services, escort services, illegal adult entertainment or any form of unlawful sexual activity.

5.5The platform is not intended to be used for arranging, promoting or facilitating any paid sexual services either in person or remotely.

5.6Each Venue remains solely responsible for ensuring that its business activities comply with all applicable laws, licensing requirements and regulatory obligations.

5.7Any Venue found to be using Swingle to promote or facilitate unlawful activity may have its account suspended or terminated immediately.

6.1Venues must comply with all applicable:

• licensing laws;
• employment laws;
• health and safety requirements;
• consumer protection legislation;
• privacy laws;
• marketing regulations; and
• tax obligations.

6.2You warrant that your business is legally entitled to operate within the jurisdictions in which you use Swingle.

7.1You acknowledge that:

• you are the Data Controller of your customer information;
• Swingle acts as your Data Processor when processing customer information on your behalf;
• you are responsible for obtaining any required consents for marketing communications;
• you are responsible for complying with applicable data protection legislation.

8.1Payments made through Swingle are processed by third-party payment providers.

8.2Swingle does not hold customer funds unless expressly stated otherwise.

8.3You are responsible for ensuring that your payment account remains active and compliant with the requirements of the payment provider.

Refunds (Consumer Rights Act 2015)

Cancellations

8.aVenues must offer all ticket holders a refund in the circumstance of event cancellation. Payments should be returned to ticket holders within 14 days. The refund amount must be no less than the face value of the ticket. If refunds are not issued, Swingle and/or its payment processor reserve the right to claw back funds from the Venue.

Rescheduling

8.bIf an event is rescheduled, Venues must offer all ticket holders a ticket on the new date at the new time. If the ticket holder cannot make the rescheduled event, they must be offered a refund of no less than the face value of their ticket.

Change of Mind

8.cTicket holders have no automatic legal right to a refund if they change their mind or can no longer attend an event that is still going ahead. Refunds in this circumstance remain at the discretion of the Venue.

9.1Where you use Swingle's email marketing functionality, you agree that:

• you have an appropriate lawful basis to contact recipients;
• you will honour unsubscribe requests;
• you will not send spam;
• you will comply with all applicable electronic marketing laws.

9.2Swingle reserves the right to suspend email functionality where abuse or excessive complaints are identified.

10.1Swingle may suspend or terminate your account immediately where we reasonably believe that:

• these Terms have been breached;
• unlawful activity is taking place;
• your use creates legal or reputational risk;
• required payment obligations have not been met;
• regulatory authorities require us to do so.

11.1All software, branding, trademarks and intellectual property belonging to Swingle remain the exclusive property of Swingle.

11.2These Terms do not transfer ownership of any intellectual property.

12.1Swingle provides its services on an "as available" basis.

12.2To the fullest extent permitted by law, Swingle shall not be liable for:

• loss of profits;
• loss of revenue;
• loss of business;
• reputational damage;
• customer disputes;
• cancelled events;
• acts or omissions of the Venue;
• any indirect or consequential loss.

12.3Nothing in these Terms limits liability where it cannot lawfully be excluded.

13.1You agree to indemnify and keep indemnified Swingle against any claims, losses, liabilities, costs or expenses arising from:

• your events;
• your venue;
• your breach of these Terms;
• your breach of applicable laws;
• customer complaints relating to your business; or
• any unlawful activities carried out by you or on your behalf.

14.1We may modify, improve or discontinue parts of the Swingle platform from time to time.

14.2Where practical, we will provide reasonable notice of material changes.

15.1We may update these Terms periodically.

15.2The latest version will always be available through the Swingle website.

15.3Continued use of the platform constitutes acceptance of the updated Terms.

16.1These Terms shall be governed by the laws of England and Wales.

16.2Any disputes arising from these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.